I Had Xlif Surgery January 28 2015. After The Checkups

I had xlif surgery January 28 2015. After the checkups and me telling him I was still in pain, he told me to come back for my 6 month check up. When I went back they did another set of X-rays and showed the pedicel screws were loose and the rods bent. He told me that I needed emergency surgery, like surgery the next day.
My husband told him (the doctor) that he was paying for it. The doctor said because he did not torque the pedicel screws like he should have, he would pay for his share but he was pretty sure the hospital would make me pay. My question to you is that since I have been so much in pain, depressed, thought about things like suicide at time because of the pain, should I seek an attorneys advice?